Daily Yellowstone journal., 1887-05-01

| ''"h W EinUba Tue Dlouuts anu
found Louis King and Dr. Redd there;
was in only about two minutes when
Dr. Rsdd told me to arrest Emma the
Blonde, as she had admitted that she
Killed AL Smith; wouldn't cay what
others were there; think Emma was
under the influence Of whiskey; she
said at the Jail, two killed men and 1
VIII never get over it; she didn't men.
ton any names; Frank Smith was
very drunk at the time / first saw
him; he was crying when he was
brought to me; the next day he did
not seem to realize what had happened.
DIR. Redd testified ~ follows: Live
10 Miles City, physician and surgeon,
coroner Of the county; made an ex-
animation Of the body of AL Smith; it
was the 21th or 2sth of December: 1
had physician make an autopsy
under my supervision to determine
the cause Of the death; / found a gun
shot wound; the bullet passed through
his arm on the right side and passed
through his right lung, through
the blood vessels O. the heart
and passed thus through the top Of
the left lung; lodging in the shoulder
blade; found the bullet; didn't see
Frank Smith there; when / went to
the house Al. Smith was laying dead
on the bed and asked who did il and
Emma Richmond said did 1t; said
she threw the pistol in the stove.
Mr. Hawkins, DIR. Fish, DR.. Lebcher,
testified in effect the same as all pre-
ceeding witnesses.
Frank Smith answered TO the fol-
lowing question substantially rs fol-
lows. State to jury what II anything
you recollect of the transaction at the
house of Emma Ri,hmond in tLIs
town on the afternoon of December 26,
1856, when your brother was shot.
Answer. don't remember directly
of any conversation or any occurrence
whatever except what | have heard.
THE CONVINCING ARGUMENT.
Following IL n ~ ynopsis Cf the argu-
ment for the defense, the effect of
which, delivered 10 the forcible and
inimitable manner Of the learned
counsel, DR.. Burleigb, can well be
Imagined:
i wish u impress upon your minds
that great, fundamental principle
Uf criminal jurisprudence which de-
clsres that every person accused
of crime shall De presumed in-
nocent OF the offence charged
against hun until he is proven guilty
beyond reasonable doubt. | fur
thermore wish you 10 remember that
the burden of proving the defendants
guilt beyond n reasonable doubt IL on
the prosecution. The people, not the
de.eudant, must prove the allegations
uf the indictment 10 the satisfaction OF
the jury, beyond reasonable doubt,
before the accused can be called on for
his defense. Until the defendants
guilt is thus clearlp establi,hed Y the
prosecution, the law says lhal he hall
be presumed innocent and cannot be
convicted of fcrime. This legal presump-
ton of the defendants innocence lays
at the very foundation of our crimi.
nal law. Mr.. Choa.e, one of the
greatest criminal lawyers that ever
lived, once sad. in trying a celebrated
criminal case, That the presumption
OF innocence is not a mere phrase
without meaning: that il il in the ma
ture OF evidence for the defendant;
! that IL is a. irresistible A. the heavens
runtll overcome; that il bovers over
the prisoner rs a guardian angel
throughout the trial; that IL goes with
every part and parcel Of the evidence;
that II Is equal To one witness The
. law has declared this humane princl-
pie Ia it, administration To be fixed,
unalterable and as Interchangeable as
the Great Fountain Of Eternal Justice
Itself 1t is the "beacon light" Of hope
, 10 the oppressed; the "sheet anchor"
of safety to the limo ent, when unjust
ly accused of crime. Ii binds the
Judge and the jury alike, IA with n
J band Of iron. No one can disregard
! its command 80 long as the moral and
legal obligation TO perform our sworn
duty eXerts its sway over a conscience
devoid Of guilt. How, then. Is this
statutory principle to be made availa.
ble to the defendant? In what man
ner IL he to be benefited by IL? What
Is your duty as jurors, and how are
YOU to be governed by IL in the trial Of
this cause? In answer TO these ques-
tions | will say 10 you that each lndi-
vidual member of this jury Is Jouhd
by his oath to act and think tor him.
self. The evidence all Of the evidence
} In the case il to be carefully weighed
, and considered by each and every IL
dividlal member OF the panel. The
opinion which each juror forms OF the
guilt or innocence of the defendant
= must be .is own opinion, unswayed,
, unaided and uninfluenced by any one
else. Ifthe evidence produced by the
' prosecution fails 10 satisfy the mind OF
] each and every one Of this jury be.
e yond n reasonable doubt OF the guilt Of
. The defendant. that juror must declare
, n nv his verdict. regardless Of the
! oninion of ANY other member Of the
z panel and regardless of any effects
A which may result therefrom.
, The conscience by which the jurors
action is TO be controlled, must be his
: own conscience, and not that Of an
D other. Each member of this Jury IL
y AZ much bound by his oath 10 care
. fully consider and weigh all the evil
dence In his own mind, and render q
verdict by the lights Of his own under
: standing, "a though he were the only
, | naraan aallad hy tha tartitnvy IN FRY